Cauble v. State

District Court of Appeal of Florida

Cauble v. State

779 So. 2d 276, 1997 Fla. App. LEXIS 14083, 1997 WL 912913

CourtDistrict Court of Appeal of Florida

DecidedDecember 19, 1997

DocketNo. 96-00308

StatusPublished

Cited by2 cases

This text of 779 So. 2d 276 (Cauble v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cauble v. State, 779 So. 2d 276, 1997 Fla. App. LEXIS 14083, 1997 WL 912913 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The defendant, Jerry Cauble, appeals his convictions for DUI Manslaughter, DUI with Serious Bodily Injury, and Leaving the Scene of an Accident with Personal Injury or Death. We affirm the convictions because the arguments raised on appeal either lack merit or were not presented to the trial court and, therefore, are waived. However, we reverse the defendant’s upward departure sentence because the written transcript of the trial court’s oral statement of its reasons for departure does not contain the trial court’s signature. See Fla. R.Crim. P. 3.702(d)(18)(A).

Reversed and remanded for resentenc-ing.

CAMPBELL, A.C.J., and PATTERSON and FULMER, JJ., concur.

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PER CURIAM.

The defendant, Jerry Cauble, appeals his convictions for DUI Manslaughter, DUI with Serious Bodily Injury, and Leaving the Scene of an Accident with Personal Injury or Death. We affirm the convictions because the arguments raised on appeal either lack merit or were not presented to the trial court and, therefore, are waived. However, we reverse the defendant’s upward departure sentence because the written transcript of the trial court’s oral statement of its reasons for departure does not contain the trial court’s signature. See Fla. R.Crim. P. 3.702(d)(18)(A).

Reversed and remanded for resentenc-ing.

CAMPBELL, A.C.J., and PATTERSON and FULMER, JJ., concur.

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779 So. 2d 276, 1997 Fla. App. LEXIS 14083, 1997 WL 912913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cauble-v-state-fladistctapp-1997.

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